Sanders v. Johnson

¶1 Jeffery Warren Sanders, Texas prisoner # 680206, appeals the dismissal of his pro se, in forma pauperis 42 U.S.C. § 1983 complaint. He asserts that the defendants engaged in fraud and unfair practices in filing a police report against him for a bad check charge, which resulted in his plea of nolo contendere to the offense and to a revocation of his parole. The district court did not abuse its discretion in dismissing as frivolous Sanders’s claims, inasmuch as his allegations implicate the invalidity of his conviction and revocation, and Sanders has not demonstrated that these have been invalidated. Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir.1997). Consequently, the judgment of the district court is AFFIRMED.